The Court of Appeal has discharged an anti-suit/anti-enforcement injunction granted by the English Court to restrain enforcement of a US Judgment for US$79 million by Assignment and Turnover Orders of the California Courts.
The Court of Appeal (Males, Popplewell, and Flaux LJJ) concluded that the Injunction was inappropriate, in particular insofar as it restrained the Claimant judgment creditor from seeking such orders against the Defendant judgment debtor in relation to assets situated outside the UK. The Court decided to impose a more limited injunction that restrained the Claimant from seeking such orders in relation to assets deemed to be situated in the UK, under English conflict of law principles, on account of English arbitration/jurisdiction clauses governing enforcement of the relevant assets; but not otherwise.
The Court's decision considers important and novel issues concerning international and domestic law principles on the enforcement of foreign judgments, territoriality and subject-matter jurisdiction; as well as the correct approach to anti-enforcement injunctions and the demands of comity.
Monica Carss-Frisk QC and Andrew Scott (instructed by Matt McCaherty and Alex Evans of Macfarlanes LLP) appeared for the Claimant.